Docket

37250

Office of the Children's Lawyer v. John Paul Balev, et al.

(Ontario) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2017-11-24 Transcript received, 139 pages
2017-11-10 Correspondence received from, Intervener - Defence for Children International-Canada; RE: Counsel's name on file Defence for Children International - Canada
2017-11-09 Judgment reserved OR rendered with reasons to follow
2017-11-09 Hearing of the appeal, 2017-11-09, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-11-09 Intervener's condensed book, (Book Form), Submitted in Court: 14 copies Attorney General of Canada
2017-11-09 Respondent's condensed book, (Book Form), Submitted in Court: 14 copies Catherine-Rose Baggott
2017-11-09 Respondent's condensed book, (Book Form) John Paul Balev
2017-11-09 Appellant's condensed book, (Book Form), Submitted in Court: 14 copies Office of the Children's Lawyer
2017-11-08 Correspondence received from, Respondent, Catherine-Rose Baggott, re: time for oral arguments - draft counsel sheet Catherine-Rose Baggott
2017-11-08 Correspondence received from, (Letter Form), Appellant, re: time for oral arguments - draft counsel sheet Office of the Children's Lawyer
2017-11-06 Notice of appearance, Rochelle Fox and Caroline Brett will be present Attorney General of Ontario
2017-11-03 Order on motion to extend time, (by BROWN J.)
2017-11-03 Decision on motion to extend time, Br,
UPON APPLICATION by the appellant for an order extending the time to file its reply factum and any related book of authorities to November 2, 2017;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent, John Paul Balev, takes no position on the motion;
AND NOTING THAT the respondent, Catherine-Rose Baggott, and the interveners consent to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2017-11-03 Submission of motion to extend time, Br
2017-11-02 Correspondence (sent by the Court) to, Counsel for AG B.C., re: contact and location information provided for the videoconference.
2017-11-02 Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 Attorney General of Ontario
2017-11-02 Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 Barbra Schlifer Commemorative Clinic
2017-11-02 Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 Attorney General of Canada
2017-11-02 Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 Catherine-Rose Baggott
2017-11-02 Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 Defence for Children International - Canada
2017-11-02 Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 John Paul Balev
2017-11-02 Motion to extend time, (Letter Form), To file the reply factum, Completed on: 2017-11-02 Office of the Children's Lawyer
2017-11-02 Appellant's book of authorities, (Book Form), On Reply Factum, Completed on: 2017-11-02 Office of the Children's Lawyer
2017-11-02 Reply factum on appeal, (Book Form), Completed on: 2017-11-02 Office of the Children's Lawyer
2017-11-01 Correspondence received from, (Letter Form), Counsel for Mr. Balev, re: factum - 7 footnotes require amending. John Paul Balev
2017-10-31 Correspondence received from, Nadia Effendi, Agent for Intervener AGBC, Amendment to Factum, Part VI (Table of Authorities) Attorney General of British Columbia
2017-10-26 Notice of appearance, Freya Zaltz will be present by videoconference Attorney General of British Columbia
2017-10-25 Notice of appearance, Patric Senson and Tammy Law
Catherine-Rose Baggott
2017-10-25 Notice of appearance, Pursuant to Rule 71(4) please be advised that counsel appearing on behalf of the Intervener, Defence for Children International-Canada will be:

• Jeffery Wilson,
• Farrah Hudani, and
• Jessica Braude
Defence for Children International - Canada
2017-10-25 Notice of appearance, Deepa Matoo and Tiffany Lau will be present Barbra Schlifer Commemorative Clinic
2017-10-25 Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 Attorney General of Ontario
2017-10-25 Intervener's factum, (Book Form), Completed on: 2017-10-25 Attorney General of Ontario
2017-10-25 Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 Defence for Children International - Canada
2017-10-25 Intervener's factum, (Book Form), Completed on: 2017-10-25 Defence for Children International - Canada
2017-10-25 Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 Attorney General of Canada
2017-10-25 Intervener's factum, (Book Form), Completed on: 2017-10-25 Attorney General of Canada
2017-10-25 Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 Attorney General of British Columbia
2017-10-25 Intervener's factum, (Book Form), Completed on: 2017-10-25 Attorney General of British Columbia
2017-10-25 Correspondence (sent by the Court) to, AG British Columbia - The request to participate by video conference has been approved.
2017-10-24 Notice of appearance, Caterina E. Tempesta, Sheena Scott, Katherine Kavassalis and James Stengel
Office of the Children's Lawyer
2017-10-24 Intervener's factum, (Book Form), Completed on: 2017-10-24 Barbra Schlifer Commemorative Clinic
2017-10-19 Notice of appearance, Michael Taylor and Donnaree Nygard will be present Attorney General of Canada
2017-10-18 Notice of appearance, Steven M. Bookman, Chris Stankiewicz and Gillian Bookman will be present John Paul Balev
2017-10-17 Correspondence received from, (Letter Form), Freya Zaltz (by email). Request to appear by way of videoconference. Attorney General of British Columbia
2017-10-16 Correspondence received from, (Letter Form), Part VI of the factum required amendments Office of the Children's Lawyer
2017-09-29 Appeal perfected for hearing
2017-09-26 Order on motion for leave to intervene, (by BROWN J.)
2017-09-26 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of British Columbia, the Defence for Children International – Canada and the Barbra Schlifer Commemorative Clinic for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the five (5) said interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before October 25, 2017.
The said five (5) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellant is permitted to serve and file a factum not exceeding ten (10) pages in reply to all interveners on or before November 1, 2017.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondents any additional disbursements resulting from their interventions.
Granted
2017-09-26 Submission of motion for leave to intervene, Br
2017-09-25 Certificate (on limitations to public access), (Letter Form) John Paul Balev
2017-09-25 Respondent's book of authorities, (Book Form), Completed on: 2017-09-25 John Paul Balev
2017-09-25 Respondent's record, (Book Form), Completed on: 2017-09-25 John Paul Balev
2017-09-25 Respondent's factum, (Book Form), Completed on: 2017-09-25 John Paul Balev
2017-09-25 Certificate (on limitations to public access), (Letter Form) Catherine-Rose Baggott
2017-09-25 Certificate of counsel (attesting to record), (Letter Form) Catherine-Rose Baggott
2017-09-25 Respondent's book of authorities, (Book Form), Completed on: 2017-09-25 Catherine-Rose Baggott
2017-09-25 Respondent's record, (Book Form), Completed on: 2017-09-25 Catherine-Rose Baggott
2017-09-25 Respondent's factum, (Book Form), Completed on: 2017-09-25 Catherine-Rose Baggott
2017-09-22 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-22 Attorney General of Ontario
2017-09-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-20 Attorney General of British Columbia
2017-09-18 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-18 Office of the Children's Lawyer
2017-09-18 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-18 Catherine-Rose Baggott
2017-09-15 Notice of name, (Letter Form) Barbra Schlifer Commemorative Clinic
2017-09-14 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-14 John Paul Balev
2017-09-12 Motion for leave to intervene, (Book Form), Completed on: 2017-09-12, (Electronic version filed on 2017-09-12) Attorney General of Canada
2017-09-11 Notice of name Attorney General of British Columbia
2017-09-11 Motion for leave to intervene, (Letter Form), Completed on: 2017-09-11 Attorney General of British Columbia
2017-09-11 Notice of name, (Letter Form) Defence for Children International - Canada
2017-09-11 Motion for leave to intervene, (Book Form), Completed on: 2017-09-11, (Printed version filed on 2017-09-12) Defence for Children International - Canada
2017-09-11 Motion for leave to intervene, (Book Form), Completed on: 2017-09-11, (Electronic version filed on 2017-09-11) Attorney General of Ontario
2017-09-08 Motion for leave to intervene, (Book Form), Form 14 missing (received 2017-09-15)., Completed on: 2017-09-15, (Printed version filed on 2017-09-12) Barbra Schlifer Commemorative Clinic
2017-08-23 Correspondence received from, (Letter Form), Yael Wexler (by email). Yael Wexler is agent for the respondent. Catherine-Rose Baggott
2017-08-21 Appeal hearing scheduled, 2017-11-09
Judgment reserved
2017-08-18 Notice of hearing sent to parties
2017-08-15 Certificate of counsel (attesting to record), (Letter Form) Office of the Children's Lawyer
2017-08-15 Appellant's book of authorities, (Book Form), Completed on: 2017-08-15 Office of the Children's Lawyer
2017-08-15 Appellant's record, (Book Form), (7 volumes), Completed on: 2017-08-15 Office of the Children's Lawyer
2017-08-15 Appellant's factum, (Book Form), Part VI of the factum amended 2017/10/16, Completed on: 2017-08-15 Office of the Children's Lawyer
2017-07-13 Correspondence (sent by the Court) to, All parties, letter from the Registrar, re: the Appeal will proceed.
2017-05-29 Correspondence received from, (Letter Form), Karen Collins (by email). The appellant is filing is notice of appeal to respect the timelines even if there has been no determination on the issue of mootness. , (Electronic version filed on 2017-05-29) Office of the Children's Lawyer
2017-05-29 Notice of appeal, (Letter Form), Completed on: 2017-05-29, (Electronic version filed on 2017-05-29) Office of the Children's Lawyer
2017-05-15 Supplemental document, (Book Form), as requested by the Court - submissions on mootness., Completed on: 2017-05-15 John Paul Balev
2017-05-15 Supplemental document, (Letter Form), as requested by the Court - submissions on mootness., Completed on: 2017-05-15 Catherine-Rose Baggott
2017-05-15 Supplemental document, (Letter Form), as requested by the Court - submissions on mootness., Completed on: 2017-05-15 Office of the Children's Lawyer
2017-05-15 Correspondence received, from Deepa Mattoo, counsel for Barbra Schlifer Commemorative Clinic, by email, intention to file a motion for leave in intervene.
2017-05-12 Correspondence received, Mr. Jeffery Wilson, counsel for Defense for Children International-Canada (DCI-Canada) - letter by fax - re: intends to apply to the Court for leave to intervene. Original copy filed on May 19, 2017.
2017-05-10 Correspondence received from, Agent for the Appellant, re: Email letter informing the Court and the Respondents that they will redact materials which appears on the Court's website. Office of the Children's Lawyer
2017-05-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-05-03 Judgment on leave sent to the parties
2017-05-01 Correspondence (sent by the Court) to, all parties by email and regular mail, re: written submissions requested on whether the appeal is moot.
2017-04-28 Correspondence received from, (Letter Form), Counsel for the Respondent, Mr. Balev, re: copy of decision from the Higher Regional Court (Frankfurt). John Paul Balev
2017-04-28 Correspondence received from, (Letter Form), Patric Sension, Counsel for the Respondent, a copy of the German Court decision and a draft translation. Catherine-Rose Baggott
2017-04-28 Notice of change of solicitor, (Letter Form), for the Respondent, Catherine-Rose Baggott. Mr. Patric Senson will be her counsel of record. Catherine-Rose Baggott
2017-04-27 Correspondence received from, (Letter Form), Appellant, re: children are back in Canada. Office of the Children's Lawyer
2017-04-27 Correspondence received, from Mr. Tim Mens, on behalf of Caroline Brett, counsel for the Central Authority fo rthe Province of Ontario,re: email dated Apr. 27, 2017 - may be seeking leave to intervene - timelines for filing documents requested.
2017-04-27 Decision on the application for leave to appeal, CJ Abe Mo Ka Wa Ga Côt Br Row,
The motion to admit fresh evidence is granted. The motion to strike is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62066, 2016 ONCA 680, dated September 13, 2016, is granted with costs in the cause. The appeal is to be expedited and the Registrar will set the dates for filing the appeal documents. The parties are required to advise the Court in writing of any changes that affect the record, in particular with respect to the current circumstances of the children and the custody proceedings in the courts in Germany, in accordance with Rule 92.1 of the Rules of the Supreme Court of Canada.
Granted, with costs in the cause
2017-04-27 Decision on motion to strike out, CJ Abe Mo Ka Wa Ga Côt Br Row,
See judgment on application for leave to appeal.
Dismissed
2017-04-27 Decision on motion to adduce new evidence, CJ Abe Mo Ka Wa Ga Côt Br Row,
See judgment on application for leave to appeal.
Granted
2017-02-13 All materials on application for leave submitted to the Judges, Abe Ka Br, for consideration by the Court
2017-02-13 Submission of motion to strike out, Abe Ka Br, for consideration by the Court
2017-02-13 Submission of motion to adduce new evidence, Abe Ka Br, for consideration by the Court
2016-12-19 Reply to motion to adduce new evidence, (Book Form), Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) Office of the Children's Lawyer
2016-12-19 Response to motion to strike out, (Book Form), Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) Office of the Children's Lawyer
2016-12-19 Applicant's reply to respondent's argument, (Book Form), Electronic redacted copy rec'd 2017/05/10, Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) Office of the Children's Lawyer
2016-12-09 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-09) Catherine-Rose Baggott
2016-12-09 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) Catherine-Rose Baggott
2016-12-08 Motion to strike out, (Book Form), Payment missing (received 2016-12-12)., Completed on: 2016-12-13, (Electronic version filed on 2016-12-08) John Paul Balev
2016-12-08 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-08) John Paul Balev
2016-12-08 Response to the motion to adduce new evidence, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-12-08, (Electronic version filed on 2016-12-08) John Paul Balev
2016-12-08 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-08) John Paul Balev
2016-12-05 Correspondence received from, (Letter Form), Questionnaire regarding the expected date for filing the Cour of appeal order (expected on 2017-01-15). Office of the Children's Lawyer
2016-11-15 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order
2016-11-14 Motion to adduce new evidence, (Book Form), Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) Office of the Children's Lawyer
2016-11-14 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-14) Office of the Children's Lawyer
2016-11-14 Application for leave to appeal, (Book Form), (3 volumes), (Court of appeal order filed on 2016-12-22) Electronic redacted copy rec'd 2017/05/10, Completed on: 2016-11-15, (Electronic version filed on 2016-11-14) Office of the Children's Lawyer
2016-10-17 Letter acknowledging receipt of a notice of application for leave to appeal
2016-10-14 Order issued on motion for a stay of execution, (by MOLDAVER J.)
2016-10-14 Decision on the motion for a stay of execution, Mo, UPON APPLICATION by the applicant for an order:
a) that this motion be determined on an expedited basis;
b) that the time for serving and filing of all materials on this motion be abridged;
c) that the Order of the Ontario Court of Appeal dated September 13, 2016 be stayed pending the determination of this motion and, if dismissed, for a period of ten (10) days following the release of this Court’s decision on the motion;
d) that the Order of the Ontario Court of Appeal dated September 13, 2016 be stayed pending the determination of the Applicant’s application for leave to appeal and, if leave to appeal is granted, pending determination of the appeal and for a period of ten (10) days following the release of this Court’s final decision;
e) that the Order of the Ontario Court of Appeal dated September 13, 2016 be stayed for a period of ten (10) days following the release of this Court’s decision on the leave application if leave is not granted.
AND HAVING CONSIDERED the material filed;
IT IS HEREBY ORDERED THAT:
Assuming, without deciding, that the Office of the Children’s Lawyer has standing to bring this application, I am not persuaded that the test for a stay has been met. In particular, I am not satisfied that irreparable harm will result if the motion is denied. Furthermore, having regard to the facts and circumstances and the lengthy and prolonged history of this matter, I am of the view that granting a further stay would cause even more disruption and uncertainty in the lives of the children. To that extent, the balance of convenience does not favour the stay; rather it favours the return of the children to their habitual residence in Germany.
In reaching the conclusion, I am guided by this Court’s decision in Esmail v. Petro-Canada, [1997] 2 S.C.R. 3, in which Sopinka J. observed that “it will only be in special circumstances that successive applications to a judge of the Court appealed from and a judge of this Court should be permitted.” In this case, I note the refusal today by Justice Benotto of the Ontario Court of Appeal to issue a stay, even for a limited period of time. I am of the view that there are no special circumstances that would warrant a re-examination by me of that decision.
I therefore dismiss this application for a stay.
Dismissed
2016-10-14 Submission of motion for a stay of execution, Mo
2016-10-14 Response to the motion for a stay of execution, (Letter Form), Completed on: 2016-10-14 John Paul Balev
2016-10-14 Motion for a stay of execution, (Book Form), (3 volumes), Completed on: 2016-10-14, (Electronic version filed on 2016-10-14) Office of the Children's Lawyer
2016-10-14 Certificate (on limitations to public access), (Letter Form) Office of the Children's Lawyer
2016-10-14 Notice of application for leave to appeal, (Letter Form), Amended notice of application for leave to appeal filed with the complete application., Completed on: 2016-10-14 Office of the Children's Lawyer